The Supreme Court recently granted interim bail to an accused in a fatal road accident case after the accused's father agreed to provide 1 crore in compensation for the orphaned children who lost both parents in the accident (Jay Chandrahas Gharat v. The State of Maharashtra)
A bench of Justice JK Maheshwari and Justice Aravind Kumar observed that considering the petitioner's father's efforts toward restorative justice and his commitment to supporting the orphaned children after their parents' demise in the accident caused by his son, it was appropriate to grant interim bail to the petitioner.
"After hearing and considering the peculiar facts of the case and taking note of the endeavour of the father of the petitioner for taking steps towards restorative justice, by which he has shown his concern to maintain the minor children after the demise of their parents on account of the road traffic accident caused by his son, we deem it appropriate to grant interim bail to the petitioner for a period of three months subject to compliance of the terms of the affidavit as referred to hereinabove," the Court said.
The Court was hearing a plea challenging a Bombay High Court order that rejected bail of accused, Jay Chandrahas Gharat, who was booked under Sections 201 (causing disappearance of evidence), 279 (rash driving or riding on a public way), 304 (culpable homicide not amounting to murder), 304(2) (culpable homicide with knowledge but without intent), 338 (causing grievous hurt by an act endangering life or personal safety), 353 (assault or criminal force to deter a public servant from duty), and 504 (intentional insult to provoke breach of peace) of the Indian Penal Code, along with Sections 134(A) (duty of driver in case of accident- medical aid ), 134(B) (duty of driver in case of accident - information to police), and 184 (Driving dangerously) of the Motor Vehicles Act.
The charges stemmed from an accident in April 2024 when the petitioner, driving a Creta car, hit a scooter in which the now deceased couple and their daughter were travelling. While the couple succumbed to their injuries on the spot, their daughter sustained serious injuries.
During the proceedings, petition's father assured the Court that he was personally taking responsibility for the medical treatment and well-being of the orphaned children. He further undertook to deposit 50 lakh immediately in a fixed deposit in a nationalized bank and another 50 lakh in two instalments.
To further safeguard the interests of the children, the Supreme Court interacted with their uncle to assess their living conditions, education, and well-being. It was confirmed that the children were residing with their uncle and attending Saint Mary’s Convent High School, Uran. The uncle was already covering their school expenses, which amounted to 25,000 per child annually, along with other costs for their upbringing.
Recognizing this, the petitioner's father voluntarily committed to paying 25,000 per month for the next six months to support the children’s education and living expenses.
The Court directed the police and the District Legal Services Authority (DLSA) to monitor the well-being of the children and submit regular reports on their education, health and overall condition. The Court mandated that these reports be compiled with and submitted monthly to the court registry.
The Court, however, clarified that the compensation amount would remain for the welfare of the children, regardless of the final outcome of the criminal case.
"We make it clear that as stated before us, the amount offered and deposited by the father of the petitioner is an amount of compensation for the welfare of the children, notwithstanding the outcome of the criminal case or in other proceeding/s," the Court said.
The matter was listed on May 23 for further consideration.
